(ii) that was authorised by a land management (native vegetation) code under Division 5 of that Part, or

(iii) that was authorised by an approval under Division 6 of that Part, or

(iv) that was authorised or required under Division 5 of that Part in relation to a set aside area under that Division.

The defences under this paragraph do not apply if the act was the carrying out of a forestry operation in a State forest or other Crown-timber land to which an integrated forestry operations approval under Part 5B of the Forestry Act 2012 applies.

The act was the carrying out of a plantation operation on an authorised plantation in accordance with the Plantations and Reafforestation Act 1999, the conditions of the authorisation and the provisions of the Plantations and Reafforestation Code applying to the plantation.

(h)Forestry operations authorisation

The act was—

(i) the carrying out of a forestry operation in a State forest or other Crown-timber land to which an integrated forestry operations approval under Part 5B of the Forestry Act 2012 applies, being a forestry operation that is carried out in accordance with the approval, or

(ii) the carrying out of a forestry operation that is authorised by a private native forestry plan under Part 5B of the Local Land Services Act 2013, being a forestry operation that is carried out in accordance with the plan and the applicable private native forestry code of practice.

Note.

See also section 44(7) and (8) of the Forestry Act 2012, as inserted by Schedule 11 to this Act.

The act was picking or possessing protected plants on lands reserved or dedicated under Part 4A of the National Parks and Wildlife Act 1974 by an Aboriginal owner on whose behalf the lands are vested in an Aboriginal Land Council under that Part or any other Aboriginal person who has the consent to do so of the relevant Aboriginal owner board members (within the meaning of that Act).

(k)Domestic purposes of Aboriginal persons

The act was—

(i) harming, attempting to harm or possessing protected animals, or

(ii) picking or possessing protected plants (but only to the extent of gathering or harvesting fruit, flowers or other parts of the plants),

by an Aboriginal person (or any dependant of an Aboriginal person) for his or her own domestic purposes. Any such act is subject to any exemption or requirement provided by the regulations.

(l)Non-commercial hobby activities

The act was not done for commercial purposes and was picking plants that were cultivated by the person as a hobby or were cultivated by another person as a hobby.

(m)Plants obtained from commercial plant growers

The act was picking plants that were obtained from a person who was authorised to grow and sell them by a licence issued under this Act.

(n)Joint management agreements

The act was authorised by a joint management agreement entered into in accordance with regulations between the Minister and one or more public authorities for the management or control of any action that is jeopardising the survival of a threatened species or threatened ecological community.

(o)Officials enforcing Act

The act was done by a person engaged in the administration of this Act for the purposes only of determining whether this Act or the regulations have been contravened or of exercising any other official function of the person.

(2) In the case of an act done in a declared area of outstanding biodiversity value the defences under subsection (1)(b), (c), (h), (k), (l) and (m) do not apply.

Note.

Other Acts authorise particular activities despite harm to animals or picking plants eg section 6A of the Game and Feral Animal Control Act 2002 with respect to hunting game animals authorised by a game hunting licence, or native game birds under a native game bird management licence.